33 U.S. Code § 1904 - Certificates

Except as provided in section
1903(b)(1) of this title, the Secretary shall designate those persons authorized to issue on behalf of the United States the certificates required by the MARPOL Protocol. A certificate required by the MARPOL Protocol shall not be issued to a ship which is registered in or of the nationality of a country which is not a party to the MARPOL Protocol.

(b) Validity of foreign certificates

A certificate issued by a country which is a party to the MARPOL Protocol has the same validity as a certificate issued by the Secretary or the Administrator under the authority of this chapter.

(c) Location onboard vessel; inspection of vessels subject to jurisdiction of the United States

A ship required by the MARPOL Protocol to have a certificate—

(1)shall carry a valid certificate onboard in the manner prescribed by the authority issuing the certificate; and

(2)is subject to inspection while in a port or terminal under the jurisdiction of the United States.

An inspection conducted under subsection (c)(2) of this section is limited to verifying whether or not a valid certificate is onboard, unless clear grounds exist which reasonably indicate that the condition of the ship or its equipment does not substantially agree with the particulars of its certificate. This section shall not limit the authority of any official or employee of the United States under any other treaty, law, or regulation to board and inspect a ship or its equipment.

(e) Detention orders; duration of detention; shipyard option

In addition to the penalties prescribed in section
1908 of this title, a ship required by the MARPOL Protocol to have a certificate—

(1)which does not have a valid certificate onboard; or

(2)whose condition or whose equipment’s condition does not substantially agree with the particulars of the certificate onboard;

shall be detained by order of the Secretary at the port or terminal where the violation is discovered until, in the opinion of the Secretary, the ship can proceed to sea without presenting an unreasonable threat of harm to the marine environment or the public health and welfare. The detention order may authorize the ship to proceed to the nearest appropriate available shipyard rather than remaining at the place where the violation was discovered.

(f) Ship clearance or permits; refusal or revocation

If a ship is under a detention order under this section, the Secretary of the Treasury, upon the request of the Secretary, may refuse or revoke—

(2)a permit to proceed under section 4367 of the Revised Statutes of the United States (46 U.S.C. 313) [1] or section
1443[2] of title
19.

(g) Review of detention orders; petition; determination by Secretary

A person whose ship is subject to a detention order under this section may petition the Secretary, in the manner prescribed by regulation, to review the detention order. Upon receipt of a petition under this subsection, the Secretary shall affirm, modify, or withdraw the detention order within the time prescribed by regulation.

(h) Compensation for loss or damage

A ship unreasonably detained or delayed by the Secretary acting under the authority of this chapter is entitled to compensation for any loss or damage suffered thereby.

Section 4367 of the Revised Statutes of the United States (46 U.S.C. 313), referred to in subsec. (f)(2), was classified to section 313 of the former Appendix to Title 46, Shipping, prior to repeal by Pub. L. 103–182, title VI, § 690(a)(21),Dec. 8, 1993, 107 Stat. 2223.

Codification

In subsec. (f)(1), “section
60105 of title
46” substituted for “section 4197 of the Revised Statutes of the United States, as amended (46 U.S.C. 91)” on authority of Pub. L. 109–304, § 18(c),Oct. 6, 2006, 120 Stat. 1709, which Act enacted section
60105 of Title
46, Shipping.

Section
1443 of title
19, referred to in subsec. (f)(2), was in the original section 442 of the Tariff Act of 1930, as amended (19 U.S.C. 1443). Although section 442 of the Tariff Act of 1930, June 17, 1930, ch. 497, title IV, 46 Stat. 713, is classified to section
1442 of Title
19, Customs Duties, the reference was translated as meaning section 443 of the Tariff Act of 1930, which was classified to section
1443 of title
19 prior to repeal by Pub. L. 103–182, title VI, § 690(b)(6),Dec. 8, 1993, 107 Stat. 2223.